My wife works for a contractor for the federal government. Their contract started on July 1. The company that she works for is based out of Florida. We live in Tennessee.
The company sent out an email yesterday that stating that all the employees in her department had to report for a drug test no later than tomorrow. The place that the company contracted to conduct the drug tests was 45 minutes one way from their office. The only time the place took appointments for the drug tests were between the hours of 1 P.M. and 3 P.M. Their normal working hours vary between 6 A.M and 5 P.M.
The company informed the employees today that they were not going to be paid for their time it took for them to drive to the testing center and return. Their justification was because that they could schedule the test outside of business hours. There was no way for the employees to schedule this test in the timeframe that the company mandated.
My question is can they legally do this? I have always been told that employees get paid from the time they arrive (start time), until the time they leave (normal quitting time), including drive time, both to and from the job.
The company manual also states that they have to report to work a minimum of 10 minutes before their required start time.
I am not really sure how to take this. I don't have "employees" anymore, so I am kinda out of the loop in the labor laws.
Thanks in advance,
Jimmy
I can only offer general comments rather than specific answers, FWIW: Unreasonable isn't necessarily illegal. And even if the company's policies are illegal, unless you have deep pockets or your wife is a member of a collective bargaining unit willing to go to bat, legal action is probably not a practical alternative, especially since doing so almost certainly means looking for another job while awaiting adjudication.
Good luck!
I can't back it up, but that certainly doesn't sound legal to me.
Paychecks sure do come in handy. No sense making a mountain out of a mole hill. Yes, it's a pain and the company is being petty. Do not step down to their level.
i would take it like CEUs. other than fed/state/town employees, who get's paid to go to those?
isn't there some part of your taxes where you can write off the expenses from such experiences?
It seems to me that any time an hourly employee has to do anything as a requirement of their job, they should be paid for it. If they're spending time doing something they would rather not be doing, that's a pretty good indication.
I would recommend posting the question here:
http://www.dol.gov/whd/about/whdabout.htm
Check out the Wage and Hour portion of the above URL. Importantly, it will cover Overtime issues, too! will cover overtime issues!
daw
Of course it is not legal.
Who ever said that companies can get ahead without taking it where they can get it.
These little items are just a drop in the bucket to what else they will do.
Some just never follow ethical behavior.
What else do we have to do to keep a job these days?
:-X
Our company had the drug test people collect specimens at our office
I'm not sure it is legal or not, but assuming that it is legal (which I tend to doubt), I do know there is no law requiring the employees of the company to work for that company.
Yes, that may sound harsh, but until and unless the gubmint makes a law that people have to work for specific companies, employees are free to leave at any time if they don't like the policies.
As I See It
A company can require you to take a drug test on your own time prior to employing you. Once you are an employee they either pay you to go elsewhere or pay somone to come and do the test on the premises during working hours. Not only are they obligated to pay you while you drive there, take the test and drive back, they also must reimburse you at the federal mileage rate. In addition that 2 day window is inappropriate and inadequate.
In my opinion someone in the company messed up in not getting the drug test ducks in order before July and is trying sneak compliance in the back door.
Paul in PA
As I See It
When I worked for a company with a contract requiring drug tests, we did it on our time, none of us died.
jud
There's an old saying ...
Is this the hill you're prepared to die on?
> Yes, that may sound harsh, but until and unless the gubmint makes a law that people have to work for specific companies, employees are free to leave at any time if they don't like the policies.
might sound a little harsh? Ya think?
I could use a real similar statement. Yeah, I steal from the company, and it might be against the law, but until and unless the gubmint makes a law that people have to work for specific companies, employers are free to send me packing if they don't like the thefts.
Give me a break. An employer needs to treat their employees with respect, dignity, and within the law, and the employee needs to do the same.
It's a business arrangement, and it's not all about the employer. I would probably do just as you suggest....get the drug test, and put up with their crap until I can find another job. You get away with whatever you can with your employees, and they will take advantage of you every chance they get....not good for business.
Thanks for all the replies.
Without getting into alot of detail, this is just another "BS" move that her department has had to put up with over the past few years.
They all have been on pins and needles for months wondering if they were even going to have jobs. Then they got an email this morning saying that their "pre-employment" drug screens had to be done on their own time, at the place they specified, that is only open during the time period I specified above. For everyone to meet that requirement, they all had to leave their office which in turn left their "help desk" unattended for about three hours, when the government requires that it be staffed between the hours of 6:00 A.M. and 5:00 P.M.
I am just amazed at the lack of common sense that some people have. I am one of those that will take one for the team, and don't mind doing it, but after getting stepped on time after time, it really gets old. I can see her point of view. This has just kinda put a bad taste in her mouth and make her wonder how working for this company is going to be.
Thanks again
the labor law is not a question I can answer either. I have implemented a testing policy here at work, and fortunately, the facility is within 20 min of our offices. we pay for the employee time and the test. I would suggest this is a time you have to "take one for the team" and just do it.
Did I correctly understand that you said the place they are requiring her to have the test specimen(s) collected is in Florida? You are in Memphis TN area. To me that sounds totally unreasonable when there are lab in Memphis that can easily collect the specimen and have it run.
Does she dare call to see if there is someone in the decision chain who has the necessary mix of common sense and the authority to allow her to have the test done in your area?
Jerry,
The head office is in Florida. The office she works at is in the Memphis area.
I think what has everyone so upset is that this is supposed to be a "pre-employement" drug screen, and they has to take the test yesterday. They have actually been on the payroll and working for them since July 1.
This is just one of many instances that they have had to deal with over the past few months before the old contract ended, and the new one started on July 1.
Jimmy
Hey Jimmy, what is the unemployment figure of Americans up to today. Just do it and move on. Doesn't seem like a big deal to me at all. It may be that management is taking notes on who complains and who doesn't for future knowledge.
"Then they got an email this morning saying that their "pre-employment" drug screens had to be done on their own time, at the place they specified, that is only open during the time period I specified above. For everyone to meet that requirement, they all had to leave their office which in turn left their "help desk" unattended for about three hours, when the government requires that it be staffed between the hours of 6:00 A.M. and 5:00 P.M."
If you put your employer hat on you would say it's not up to you to run the company it's to do what your told. Let me deal with no one at the help desk. It may come across mean but that's what I would say even though I would pay people to take the dang test.
